The clarion., 1887-03-16

ulate the removal of causes from State Courts
and for other purposes" and TO further regulate
the jurisdiction OF Circuit Courts Of the United
States, and for other purposes
BE II enacted by the Senate and House Of
Representatives Of the United States Of 4nsericd
IA Congress Assembled, That the first sec
ton OF an act entitled "An act to deter
mine the jurisdiction of circuit courts of |
the United States and to regulate the re-
moval OF causes from State courts, and for |
other purposes" approved March third, |
eighteen hundred and seYenty-6ve, be, and |
the same is hereby, amended so as to read |
as follows:
THAT the circuit courts of the United |
States shal. have origiusI cognizance, con- |
current with the courts of the several |
States, OF all suits Of a civil nature, at |
common law or in equity, where the mat |
ter IN dispute exceeds, exclusive OF inter |
est and costs. the sum or value OF two
thousand dollars, and arising under the
Constitution or laws of the United States,
or treaties made, or which shall be made,
under their authority, or in which coutro-
versy the United States are plaintiffs or
petitioners, or in which there shall be a
controversy between citizens of different
States, in which the matter in dispute ex
sum or value aforesaid, or controversy
between citizens OF the same State claim
ing lands under grants of different States,
or controversy between citizecs OF State
and foreign States, citizens or subjects, in
which the matter in dispute exceeds, ex
elusive OF interest and costs, the sum or
value aforesaid, and shall have exclusive
cognizance OF all crimes and otfenses cog
nizable under the authority OF the United
States, except as otherwise provided by
law, and concurrent jurisdiction with the
district courts of the crimes and offenses
cognlzable by them. But no person shall
he arrested In one district Tor trial IN an
other in any civil action before a circuit or
district court; and no civil suit shall be
brought before either of said courts against
anv person by any original process or pro-
ceeding in any other district than that
whereof he is an inhabitant; but where
the jurisdiction is founded only on the
fact that the action is between citizens OF
different States, suit shall be brought only
in the district of the residence of either
the plaintiff or the defendant nor shall
any circuit or district court have cogni-
zance of any suit except upon foreign bills
Uf exchange, to recover the contents OF any
promissory note or other chose in action in
holder if such instrument be payable to
bearer and be not made by any corpora
| ton, unless such suit might have been
prosecuted in such court 10 recover the
| said contents if no assignment or transfer
had been made and the circuit courts
| shall also have appellate jurisdiction from
| the district courts under the regulations
and restrictions prescribed by law"
That the second section of said act be,
and the same is hereby, amended so as to
read as follows:
''SEC. 3 That any SUIT OF civil nature, at
! law or in equity, arising under the Consti-
tuition or laws Of the United States, or
treaties made, or which shall be made,
under their authority, OF which the circuit
courts of the United States are given orig
| inal jurisdiction by the preceding section,
which may now be pending, or which may
| hereafter be brought, in any State court,
may be removed by the defendant or de-
| PENDANTS therein to the circuit court of the
United States for the proper district. Any
other suit Of a civil nature, at law or in
equity, of which the circuit courts of the
United States are given jurisdiction by the
preceding section, and which are now
| pending,or which may hereafter be brought,
in any State court, may be removed into
| the circuit court of the United States for
the proper district by the defendant or
defendants therein, being non-residents OF
that State And when in any suit men
toned in this section there shall be con-
troversy which is wholly between citizens
of different States, and which can be fully
determined as between them, then either
one or more of the defendants actually in
terested in such controversy may remove
| int ha
United States for the proper district. And
where a suit is now pending, or may be
| hereafter brought, in any State court, ID
which there is controversy between cit
| izen of the State in which the suit Is
| brought and a citizen of another State,
any defendant being such citizen OF an
| other State, may remove such suit into the
circuit court of the United States for the
proper district, at any time before the trial
| thereof, when it shall be made to appear
| to said circuit court that from prejudice or
! local influence he will not be able to OBJ
tam Justice in such State court, or in any
| other State court to which the said defend
ant may, under the laws of the State, have
| the right, on account of such prejudice or
| local influence, to remove said cause: Pro-
| vided That ii it further appear that said
suit can be fully and justly determined as
to the other defendants in the State court,
without being affected by such prejudice
or local influence, and that no party to the
suit will be prejudIced by separation OF
the parties, said circuit court may direct
the suit to be remanded, so far as relates to
such other defendants, to the State courts,
to be proceeded with therein.
"At any time before the trial of any suit
| which ia now pending in any circuit court
L IL
which has been removed to said court from
a State court on the affidavit of any party
plaintiff that he had reason to believe and
did believe that, from prejudice or local
| influence, he was unable to obtain justice
| in SAID State court, the circuit court shall
on application of the other party, examine
| into the truth of said affidavit and the
grounds thereof, and, unless it shall ap-
pear to the satisfaction of said court that
| said party will not be able to obtain Justice
| in such State Court, it shall cause the same
to be remanded thereto.
"Whenever any cause shall be removed
| from any State court into any circuit court
of the United States, and the circuit court
shall decide that the cause was improperly
removed and order the same to be re-
manded to the State court from whence 1t
came. such remand shall be Immediately
carried into execution, and no appeal or
writ of error from The decision of the cir
cult court so remapding such cause shall
be allowed"
That section three OF said act be, and the
same is hereby, amended SO as to read as
follows:
"SEC. 8. That whenever any party en-
titled to remove any suit mentioned in the
next preceding section, except in such
cases as are provided for in the last clause
of said section, may desire to remove such
suit from a State court to the circuit court
of the United States, he may make and file
petition In such suit in such State court
at the time, or any time before the defend
ant is required by the laws of the State or
the rule of the State court in which such
suit is brought to answer or plead to the
declaration or complaint of the plaintlh.
for the removal of such suit into the cir
cult court to be held in the district where
such suit is pending, and shall make and
file Herewith bond, with good and sufil-
cient surety, for his or their entering In
such circuit court, on the first day OF its
then next session, copy of the record IN
such suit, and for paying all costs that
may be awarded by the said circuit court
if said court shall hold that such suit was
wrongfully or improperly removed thereto,
and also for their appearing and entering
special bail in such suit il special bail was
originally requisite therein. 1t shall then
be the duty oil the State court to accept |
said petition and bond, and proceed no
further in such suit; and the said copy |
being entered as aforesaid in said circuit |
court of the United States. the cause shall
then proceed in the same manner as II it |
had been originally commenced In the
said circuit court; and if in any action
commenced in State court the title of /